United States Fifth Circuit

Judgment in favor of defendant, granting it sovereign immunity to undisputed debt under the Foreign Sovereign Immunities Act, is reversed where the district court erred in concluding that the tax and royalty obligations at issue were not used for commercial purposes in the United States.

Appellate Information

• Decided 09/17/2004
• Published 09/20/2004

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Laura Metcoff Klaus, Sanford M. Saunders, Jr. (argued), Greenberg Traurig, Washington, DC, for AF-CAP, Inc., Boaz S. Morag (argued), Cleary, Gottlieb, Steen & Hamilton, New York City, for Republic of Congo.


• For Appellees:
  
• Guy Stanford Lipe (argued), Vinson & Elkins, Houston, TX, for Garnishees-Appellees.